John Morganelli/tidbits
Candidate Site :harvested in November 2008 from JohnMorganelli.com Platform of John M. Morganelli, Democratic Candidate for Attorney General of Pennsylvania =An Agenda for Action= The Attorney General should develop an agenda for action and provide the leadership to execute it. This agenda must have specific initiatives that will do the following: 1. Enhance public safety; 2. Promote a “tough on crime” public policy; 3. Advance the rights of individuals; and 4. Implement internal initiatives to improve the OAG and better assist state prosecutors in the conviction and punishment of criminals. Further, where legislative action is necessary to promote the aforesaid goals, the AG must use his “bully pulpit” to advance the legislation, and his power to promulgate regulations to implement policy. =I. PUBLIC SAFETY= A. Addressing Gun Violence 1. Pass Legislation Creating a Gang Statute that Criminalizes Gang Membership- ISSUE: Criminal gangs play a large role in the gun violence on our street as they deal drugs, steal cars, commit robberies and use gun violence to engage in their turf wars. Pennsylvania is one of a number of states without a gang statute. SOLUTION: Pennsylvania needs to be aggressive. We should not pass a law that is weak and ineffective just to say we have one. Pennsylvania law should make it a crime just to be a member of a criminal gang. It must make it clear that gang membership alone will result in stiff jail sentences. This will allow law enforcement to aggressively go after the young thugs who terrorize our communities, and breakup and put out of business a culture of gang worship and membership. We should not wait for the next homicide, robbery or drug deal. It is time to attack the nests of the gangs and treat them like organized crime. With leadership from the attorney general, we can carefully craft a statute that will pass constitutional muster to make gang membership itself illegal. Breaking up criminal street gangs in our cities will strike a major blow to gun violence. 2. Create Gun Trafficking Unit in OAG- This unit would be dedicated to multi-county illegal gun trafficking which would work in conjunction with local police and district attorneys in targeted, high violence areas of Pennsylvania. 3. Implement By Attorney General Regulation Mandatory Reporting of Stolen/Lost Firearms and Make Possession of a Stolen Firearm a Felony Pennsylvania law gives the Attorney General the power to adopt consumer protection regulations. These regulations have the “force and effect of law.” 73 Pa. CSA 201-3.1 Attorney Generals throughout the US with similar authority have used this power to regulate the sale of firearms. The AG of Pennsylvania should minimally do the following: require the reporting of stolen/lost firearms to law enforcement within 48 hours. This would eliminate “cover” for those who illegally sell guns to criminals and then later claim their gun was stolen when it shows up in the commission of a crime. 4. Require Felons on Parole to Submit To Random Searches for Weapons As A Condition of Release Parole is a privilege, not a right. Violent felons being considered for release on parole should be required to waive their rights under the 4th Amendment to allow random searches by law enforcement. Requiring such a waiver for release is entirely constitutional. 5. Advance Ballistics Computers The AG should lead the effort through the NAG association to support a national ballistic fingerprint system which would "fingerprint" guns before they are sold. To build such a ballistic fingerprint database, gun retailers would be required to provide law enforcement with a bullet casing from every new handgun before it is sold in the state. That fingerprint is created by the grooves and heat inside a gun barrel when it is fired. This would allow investigators at crime scenes to use casings to determine the last legal owner of the firearm used in the crime. A "ballistics computer" should be in every state, hooked up via intranet to one another. Access would be legally restricted only to solve crimes committed with firearms and for no other purpose to avoid it from becoming a gun registry. 6. Establish Statewide "Youth Council on Violence" ISSUE: Violence continues to plague our communities much of it committed by individuals between the ages of 14- 26. Gun violence and other types of assaults leads to death, serious injuries, and scared communities. In addition to being tough on the criminals who commit these crimes, we also need to address root causes and help establish programs that can lead to prevention. SOLUTION: The AG should establish a "Youth Council on Violence", a statewide panel consisting of teams of teenagers with unique leadership abilities who are actively involved in violence prevention in their communities. This will provide a youth perspective on the most effective strategies to address violence and motivate community based action which could lead to better utilization of resources and legislation if needed. B. Addressing High school/College Alcohol Abuse 1. Convene Statewide Task Force on College and High School Drinking ISSUE: As DA, John Morganelli has seen first hand the devastating effects of mixing alcohol, teens, and, often, motor vehicles. The Institute of Medicine in 2003 released a report citing alcohol use and abuse among young people as a serious problem. Alcohol related deaths and injuries involving young adults deserve attention. The combination of youth, cars and underage drinking has resulted in many avoidable tragedies. Other studies suggest that most young people are still uninformed about laws related to alcohol. With recent changes to Pennsylvania law involving alcohol related matters, there is a need to educate young people about the consequences and inherent dangers of alcohol abuse. SOLUTION: Young people need to have more education and training on the ill-effects of alcohol use and abuse, as well as applicable laws. The AG should convene a statewide task force which should include professionals in health, law, and other disciplines as well as a student and parent perspective to begin a serious dialogue on this issue and to create and implement a comprehensive strategy to attack this problem. 2. Increase Penalties for Adults Who Supply Alcohol To Minors Adults are often the facilitators of underage drinking. The AG should lead the effort to stiffen penalties for those who help place teens in harm’s way by providing a safe haven for underage drinking. C. Aggressive Consumer Protection 1. Crackdown on Cheap ,Dangerous Products from Foreign Countries In 2007, 60 % of recalled products came from China. These were dangerous products ranging from petfood, seafood and toothpaste to toys. Attorney generals need to be aggressive with civil litigation against foreign countries and businesses that dump cheap, dangerous foreign products into US markets. II. TOUGH ON CRIME INITIATIVES 1. Abolish Parole For Violent Felonies ISSUE: It is a fact that incarcerating violent criminals for longer periods of time makes us safer. Violent crime decreases in correlation with rising prison populations. Violent criminals who bring physical harm to others should get stiff, long prison sentences their first time around. One miserable failure is our parole system. Criminals out on parole account for a significant portion of repeat offenses. Parole boards have exercised poor judgment in letting out violent criminals which have resulted in tragedies. The last two police officers killed in Philadelphia were by criminals out on parole. In August 2003 in Bucks County, a convicted murderer and rapist out on parole rapes and murders again. Remember Mud Man Simon, out on parole for murder, murders again. The list goes on and on. SOLUTION: The time has come to abolish parole in Pennsylvania for any person convicted of a violent felony such as murder, rape, aggravated assault, kidnapping or robbery with a gun. These people should be given long, flat sentences which should be served in their entirety. Pennsylvania should abolish parole as we know it for violent criminals. 2. End Pre-Release Programs For Inmates Who Have Not Yet Served Their Minimum Sentences ISSUE: Pennsylvania judges sentence criminal defendants to prison with sentences that have a minimum and a maximum duration. Victims of crime and the public at large expect a criminal defendant to serve at least the minimum sentence imposed by a judge. When the judge says “10-20 years,” the inmate should serve the minimum 10 years imposed in jail. Unfortunately, due to a plethora of pre-release programs, criminal defendants are often released from prison well short of their minimum sentence. SOLUTION: Pennsylvania should pass legislation to end the practice of release prior to the minimum term imposed and bring truth to sentencing. 3. End “Idle Pay” for State Prison Inmates ISSUE: The Pennsylvania Department of Corrections pays a daily allowance to inmates who do NOT work. This is called “idle pay” and is nothing more than welfare for prisoners. SOLUTION: Pennsylvania should pass legislation to end “idle pay.” Prisoners should be doing “hard time” not “idle time.” 4. Permit the Past Criminal Record of a Person Into Evidence in Child Sexual Assault Cases, Drug Delivery Cases and DUI When Person is on Trial for Same Offense ISSUE: Criminal defendants on trial for the above offenses are often repeat offenders. They often try to portray themselves as law abiding citizens. If a person has in the past been convicted of dealing drugs, and now on trial for the same offense tries to argue that the drugs in his possession are for personal use, his history as a drug dealer is relevant and should be easily admissible. The same is true in DUI cases when he argues he only had “two beers” or in child sexual assault cases. SOLUTION: Legislation that expressly allows the admission of the above evidence should be passed. 5. Provide State DA’s With Same Discovery Rights as Criminal Defendants ISSUE: Presently, there exists only two areas where there exists a mandatory duty on the defendant to disclose pre-trial information to the Commonwealth—Alibi and Insanity. SOLUTION: The Pennsylvania Rules of Criminal Procedure need to be amended to expand the rights of the prosecutor to pre-trial discovery. Fuller discovery by the Commonwealth will promote better trial preparation, minimize surprise at trial, reduces trial interruptions and economizes judicial time. 6. Pass “The Criminal’s Disenfranchisement Act” To Bar Criminals from Bringing Civil Actions ISSUE: Individuals who are injured while committing a felony often sue for civil damages. Many of these criminals are reaping financial benefits at the public’s expense. Criminal behavior should not be a predicate for a civil windfall. SOLUTION: The “Criminal Disenfranchisement Act” will bar a civil action by a person who sustained injuries while in the commission of a felony. 6. Fight To Reauthorize the "Independent Counsel Act" To Go After Public Corruption The conflicts of interest on the part of the AG with respect to the investigation of state officials in Harrisburg calls for the reauthorization of the law to assure independent investigations of corrupt public officials. Originally passed in 1998, the law sunset in 2003 and needs to be law again so there exists a mechanism to deal with conflicts of interest on the part of the AG and others to assure unbiased, apolitical investigations and prosecutions. III. ADVANCE INDIVIDUAL RIGHTS 1. Perform Statewide Study On Racial Profiling ISSUE: John Morganelli, as President of the Pennsylvania District Attorneys Association, supported a statewide study and compilation of data with respect to racial profiling. Morganelli drafted the resolution condemning the practice which was passed by the Pennsylvania District Attorneys Association. He also worked with members of the Black Caucus, testifying before their committee , to promote a statewide study to assure that our minority community is not subjected to racial profiling. SOLUTION: The OAG should perform the study without waiting for legislative action. 2. End Predatory Lending in Pennsylvania ISSUE: Bloated appraisals of real estate is leading to fraud and hurting people of moderate and low income. This practice sets up people for foreclosure and financial ruin. Too many homeowners who grossly overpaid for a property lose when they attempt to sell it. SOLUTION: The AG needs to lead and work with BPOA. The AG should not wait for referrals from BPOA of DOS, but rather be aggressive to assure that this practice is investigated and prosecuted. Partnerships should be formed with local DA’s who often do not have the expertise or resources to pursue these kinds of white collar crime. 3. Pass “The Self-Defense Civil Immunity Act”-Provide Civil Immunity for Citizens Who Lawfully Exercise Their Right To Self-Defense ISSUE: The right of every person to defend oneself and one’s family and to use force when necessary is a basic human right. Prosecutors are often required to make decisions as to whether the use of force, including deadly force, in defending oneself or another was reasonable and justified. When a prosecutor declines criminal prosecution of a citizen after determining that the citizen justifiably used force to protect him or another, we often see these citizens the target of civil suits filed by the wrongdoer in an attempt to collect money. Citizens who lawfully exercise their right to self defense should not be the subject of civil lawsuits after a determination by law enforcement that the use of force in self-defense was justified. SOLUTION: Pennsylvania should pass “The Self-Defense Immunity Act” to provide immunity from civil litigation for any citizen who the prosecutor has determined acted justifiably in the use of force. 4. Vigorous Oversight and Prosecution of HMO Abuses, Fraudulent Denials of Coverage ISSUE: Pennsylvania families need access to good health care. With the rise of HMO’s are nightmarish accounts of HMO abuses and denials of needed care and coverage. Vigorous oversight of HMO’s and like health insurance organizations is needed. SOLUTION: The Medicaid Fraud Division of the Attorneys General’s Office should be reconstituted and redeployed to provide Pennsylvanians a resource in dealing with HMO abuses, denials of coverage, and other problems that result in inaccessibility of medical benefits. 5. Enforce Worker’s Compensation Law ISSUE: The next Attorney General must protect working men and women in the workplace. Working families need to know that the Attorney General has as a priority that every employer in the state maintains Worker’s Compensation Insurance. SOLUTION: Random inspections, strong enforcement and vigorous prosecution to protect working Pennsylvanians. 6. Lead Effort to Reduce Federalization of Crime ISSUE: Former Chief Justice of the US Supreme Court William Rehnquist stated in 1999 as follows: “Federal courts were not created to adjudicate local crimes, no matter how sensational heinous crimes may be. Matters that can be adequately handled by the states should be left to them. The trend to federalize crimes that traditionally have been handled by state courts threatens to change entirely the nature of our federal system." Further, creeping federalism of local crime has led to federal prisons being occupied by drug dealers and users rather than violent criminals and criminals dangerous to national security, duplication of effort and expense. SOLUTION: The Attorney General should work through the NAG to repeal federal encroachment. IV. INTERNAL INITIATIVES One goal of the Attorney General should be to create a "top notch" professional legal agency of state government in the OAG. The OAG should continue to exercise vigorous enforcement of the criminal law within its statutory authorization, and provide leadership and assistance to state district attorneys. To accomplish this, a through review of the presently constituted office is necessary to identify strengths and weaknesses, and to introduce new concepts to the OAG . 1. Perform Comprehensive Audit of AG's Office A comprehensive financial and performance audit will be requested upon taking office in order to identify and correct any problem areas and evaluate effectiveness. 2. Commission A Resource Task Force A volunteers committee of private attorneys and other professionals to act in an advisory role for a limited period of time should be established to review management issues and the delivery of legal services in an efficient and cost effective manner. This will help direct the limited resources of the OAG consistent with the priorities of the AG. 3. Create a Top Notch Professional Legal Agency The AG must recruit the best and brightest talent in the state and make the OAG a choice employer that attracts the finest attorneys and other professionals. The need for costly outside counsel can be reduced if the OAG has capable attorneys to engage in complicated and specialized litigation. 4. Establish Formal Prosecutor Assistance Program District attorneys turn to the OAG for help when they have limited resources, conflicts of interest or need specialized expertise. A formal prosecutor assistance program with additional lawyers and investigators would better service state DA's. 5. Create ICRC- Internet Crime Resource Center State prosecutors are dealing more and more with crimes involving the Internet and are often in need of assistance. The AG should be a training and information clearinghouse which directly assists prosecutors and police with prosecutions, strategic planning and identification of resources necessary to address such crimes. V. CONSTITUTIONAL AMENDMENTS Amending the state constitution should be reserved for only extraordinary matters and should never be undertaken lightly. 1. One Six-Year Term for Attorney General ISSUE: The office of Attorney General with its power to conduct statewide criminal investigations and bring criminal charges is unlike any other position in state government. The AG should be insulated from potential conflicts of interest created by being a statewide elected official. SOLUTION: Limiting the AG to 1 six year term would mean that an incumbent AG would never have to raise money for a second term as AG. This would help to reduce any improper influences on a current AG. 2.Regional Elections for Appellate Judges ISSUE: Many are calling for the so called "merit selection" of appellate judges. Unfortunately, there is no such thing as "merit selection." Merit selection allows the elite to select our judges and actually is more political than the election of judges. Still, studies have shown that people know little about the candidates seeking statewide judicial office and often vote solely on geography, name recognition act. Further, the costs of the races have become prohibitive giving special interests more power. SOLUTION: The election of judges by the people is still preferable to the completely political process of so called "merit selection." The Pennsylvania Constitution should be amended to divide the state into judicial districts /regions so voters will have more intimate knowledge of the candidates and the cost for the elections will be reduced. This will also guarantee a more diverse court. Category:Planks